Rupa Halder v. State Of West Bengal And ORS.

15.01.2026 Sl. No.12(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 25720 of 2024 Rupa Halder

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal ...for the Petitioner.

Ms. Sumita Sen, Mr. Kaushik Chowdhury ... for the DPSC, Birbhum.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant transfer to the petitioner to any school nearby her residence from Birbhum district to North 24-Parganas district under Bongaon Circle-I.

3. The petitioner contends that she is an Assistant Teacher in Kaigoria Primary School. The petitioner joined in the said show on 17th July, 2021. The petitioner is suffering from Dandy-Walker malformation syndrome which requires serious brain surgery and it is extremely difficult for the petitioner to travel everyday on regular basis from her place of

residence to her school covering 222 kms. The petitioner made an application on 20th July, 2024 before the President, West Bengal Board of Primary Education.

However, the same is pending consideration. Hence, this writ petition.

4. Mr. Shuvro Prokash Lahiri, learned Advocate for the petitioner submits that the matter be relegated to the appropriate authority to consider and decide the representation of the petitioner.

5. Mr. Kaushik Chowdhury, learned Advocate for the West Bengal Board of Primary Education also submits that the matter may be sent to respondent No.4, Secretary, West Bengal Board of Primary Education for due consideration.

6. In view of such submissions advanced, the respondent No.4, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 20th July, 2024 seeking transfer and dispose of the same in accordance with by passing a reasoned order, upon notice to the petitioner, within a period of six weeks from the date of communication of this order.

7. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

8. The respondent No.4 can seeks for medical examination of the petitioner before considering the said representation, if so required.

9. Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, Secretary, West Bengal Board of Primary Education, for necessary compliance.

10. With the above direction, the writ petition being WPA 25720 of 2024 stands disposed of.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)